Chu (Migration)

The Administrative Appeals Tribunal considered an application by a review applicant concerning the cancellation of their Student (Temporary) (Class TU) visa, specifically subclass 572 Vocational Education and Training Sector. The applicant failed to appear at a hearing to provide evidence and present arguments, which led to the dismissal of their application.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, if an applicant does not apply for reinstatement of a dismissed application within 14 days, the Tribunal must confirm the decision to dismiss. As the review applicant did not make such an application, the Tribunal was bound to confirm the earlier decision. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.